System and method of controlling power delivery to a surgical instrument

ABSTRACT

A thermal surgical instrument having a system to control the delivery of power from an energy source to an active element located on a tip. The system for controlling delivery to the tip may include a control algorithm which uses one or more measurements, such as tip current, SWR, and rapid changes in reflected power, to manage power without affecting cutting efficacy, and in a manner that may be imperceptible by a surgeon. The system may utilize a state machine to determine the current environment in which the tip may be in. Power delivered to the tip may be selectively managed according to a fixed power index or a repeatedly executed power profile.

CROSS REFERENCE TO RELATED APPLICATIONS

This application is a continuation of application Ser. No. 14/081,936,filed Nov. 15, 2013 (now U.S. Pat. No. 9,549,774), which is a divisionof application Ser. No. 13/706,481, filed Dec. 6, 2012 (now U.S. Pat.No. 8,617,151), which claims the benefit of Provisional Application No.61/567,603, filed Dec. 6, 2011 and Provisional Application No.61/669,671, filed Jul. 10, 2012, and is a continuation-in-part ofapplication Ser. No. 12/647,371, filed Dec. 24, 2009 (now U.S. Pat. No.8,523,852), which claims the benefit of Provisional Application No.61/170,203, filed Apr. 17, 2009, and Provisional Application No.61/170,220, filed Apr. 17, 2009, and Provisional Application No.61/170,207, filed Apr. 17, 2009, the disclosures of which areincorporated by reference in their entireties herein.

THE FIELD OF THE INVENTION

The present invention relates to electrosurgical and/or thermal surgicalinstruments. More specifically, the present invention relates to asystem and method of controlling the delivery of power from an energysource to the instrument.

BACKGROUND

It is becoming more common to use electrosurgical and/or thermal devicesduring surgery because such devices may provide benefits overtraditional medical devices. For example, electrosurgical and/or thermaldevices may allow a surgeon to make precise incisions with limited bloodloss. Because of their advantages, electrosurgical and/or thermaldevices may be used in dermatological, gynecological, cardiac, plastic,ocular, spine, ENT, maxillofacial, orthopedic, urological, neurologicaland general surgical procedures as well as certain dental procedures,just to name a few.

Surgery generally involves cutting, repairing and/or removing tissue orother materials. Electrosurgical and/or thermal instruments may be usedto perform each of these procedures by using the electrosurgical and/orthermal instrument to heat the tissue or other material to a desiredtemperature. Tissue may react differently, however, at differenttemperatures. If the temperature of the electrosurgical and/or thermalinstrument is not properly controlled, then undesired results may occurwhich may lead to an adverse outcome for the patient.

Furthermore, a surgeon may be required to use an electrosurgical and/orthermal instrument for a prolonged period of time during a givenprocedure. During this time the instrument may be intermittently movedin and out of contact with a portion of the patient's body. This canlead to problems both with heat management within the device itself aswell as heat management of the heated surgical tip of the instrument.When the instrument is not in contact with a portion of the patient'stissue, body fluid, etc., e.g. it is held in the air above the patient'sbody, it may be important to limit the power delivered to the instrumentto minimize transfer of heat to areas of the instrument where heat isunwanted or even detrimental. For example, if heat transfer to a portionof the electro surgical and/or thermal instrument which is gripped bythe surgeon is not properly controlled, the device may become too hotand the surgeon may not be able to handle the instrument for the timenecessary to complete the procedure.

Additionally, if the active portion of the electrosurgical and/orthermal instrument, such as a thermal element, is overheated or exposedto excessive thermal stress, the thermal element may be damaged.

Thus there is a need for improved system and method of controlling thedelivery of power from an energy source to an electrosurgical and/orthermal surgical instrument to prevent overheating of the instrumentand/or the heated surgical tip.

SUMMARY OF THE INVENTION

It is an object of the present invention to provide an improvedelectrosurgical and/or thermal surgical instrument.

According to one aspect of the invention, the instrument may includesoftware and hardware to manage power delivery from an energy source tothe instrument.

According to another aspect of the invention, controlling power deliveryto the electrosurgical instrument may include using an algorithm whichvaries the power delivery to an active element of the instrument, thusvarying the operational characteristics of the instrument according tothe environment of the active element (e.g. whether the active elementis being used for tissue treatment or being held in the air). Thealgorithm may be managed at a fixed power index between about 5 W and125 W and may be used to deliver a desired power to the electrosurgicaland/or thermal surgical instrument in a consistent manner, prevent theactive element of the instrument from exceeding the Curie point, and/orprevent overheating of the instrument when the active element is in theair. The control algorithm may allow a surgeon to use the optimaltemperature for a desired tissue effect, and also allow the surgeon toselect surgical tips having different configurations while providing thedesired control when using these different surgical tips.

According to another aspect of the invention, controlling power deliveryto the electrosurgical instrument may include using a single or cascadedproportional-integral-derivative controller (“PID”) for forward power ornet power, PID tip current limiting control, standing wave ratio (“SWR”)threshold limiting, and/or Load/Air detection.

According to another aspect of the invention, the thermal surgicalinstrument may include a handpiece responsible for current sensing,temperature sensing, impedance sensing, etc.

According to another aspect of the invention, current data, temperaturedata, impedance data, etc. which is sensed by the handpiece, or otherparts of the thermal surgical instrument, may be sent to a controlconsole which includes a microcontroller, microprocessor, or the like.

According to another aspect of the invention, current data, temperaturedata, impedance data, etc. may be sent to a control console on asubstantially continuous basis. For example, the data may be sent to thecontrol console at intervals of about 10 milliseconds.

According to another aspect of the invention, the surgical instrumentmay include a thermal element. The thermal element may include, forexample, a conductor having a ferromagnetic material plated thereon, asolid ferromagnetic heating element, a ferromagnetic sleeve disposed onan insulated conductor such that heating of the ferromagnetic sleeve issubstantially purely inductive, etc.

According to another aspect of the invention, the thermal element of thethermal surgical instrument may be removably received by a handpiece sothat various thermal element may be used with the handpiece.

According to another aspect of the invention, a surgical instrument mayinclude information necessary to manage the power output of the thermalelement, which may differ according to the shape, dimension, orconfiguration of the thermal element (e.g., blade, loop, snare, forceps,shears, minimally invasive surgery instruments, probes, catheters etc.).For example, the information may be stored in a single storage device(such as an EEPROM, flash device, lasered ROM or fram, etc.) located inthe handpiece, or multiple storage devices located at various locationson a surgical instrument system of the present invention.

According to another aspect of the invention, a surgical instrument mayinclude the following information necessary to manage the power outputof the thermal element, such as: current limit; allowable powersettings; SWR limit by power level; serial number; calibrationconstants; tip identification; timing constants (e.g. cool down); etc.

According to another aspect of the invention, the thermal surgicalinstrument system may include software. The software may use informationreceived from the thermal surgical instrument to implement a variablestage state machine. For example, the software may receive informationfrom a handpiece, tip, and/or power meter of the thermal surgicalinstrument to implement a 5-stage state machine. The stages of the statemachine may include RF On (e.g. RF power has just been enabled), Air(the thermal element of the surgical instrument is in air), Pre-Load(the thermal element is suspected to be in tissue), Transition (thethermal element is suspected to be transitioning from tissue to air),and Load (the tip is confirmed to be in tissue).

According to still another aspect of the invention, controlling powerdelivery to the thermal surgical instrument may include a power profilecontrol algorithm which includes a group of start/end duration segmentsto intermittently increase the power delivered to the tip of anelectrosurgical instrument. Thus, when it is desired to use theinstrument to treat tissue with a tip operated at lower temperatures,for example when coagulating tissue, the power control algorithm mayintermittently increase the power delivered to the tip so as tosubstantially prevent to tip from sticking to the tissue being treated.

According to yet another aspect of the invention, a thermal surgicalinstrument of the present invention may have one or more controls forselectively managing power delivery to a surgical tip according to afixed power index or a repeatedly executed power profile.

These and other aspects of the present invention are realized in athermally adjustable surgical instrument as shown and described in thefollowing figures and related description.

BRIEF DESCRIPTION OF THE DRAWINGS

Various embodiments of the present invention are shown and described inreference to the numbered drawings wherein:

FIG. 1 shows a perspective view of a thermal surgical instrument systemin accordance with the principles of the present invention;

FIG. 2 shows a graphical representation of the impedance of a thermalelement as its temperature is increased;

FIG. 3 shows a graphical representation of the standing wave ratio of athermal element as its temperature is increased;

FIG. 4 shows a block diagram of a thermal surgical instrument of thepresent invention;

FIG. 5 shows a close-up, cross-sectional view of one thermal element ofthe present invention;

FIG. 6A shows a side view of a thermal element forming a dissectingloop;

FIG. 6B shows a side view of a thermal element forming a resecting loop;

FIG. 7A shows a perspective view of another thermal surgical instrumentsystem in accordance with the principles of the present invention;

FIG. 7B shows a perspective view of a forceps with thermal elementsdisposed thereon;

FIG. 7C shows a side view of a scalpel with thermal elements disposedthereon;

FIG. 8 shows a block diagram of cascaded PID controllers;

FIG. 9 shows a graphical representation of one example of the currentlimiting effects when using cascaded PID controllers according toprinciples of the present invention;

FIG. 10 shows a diagram a 5-stage state machine according to principlesof the present invention;

FIG. 11 shows a graphical representation of a group of start/endduration segments to intermittently increase the power delivered to thetip of an electrosurgical instrument according to principles of thepresent invention;

FIG. 12 show a flow chart to illustrate a power profile controlalgorithm of the present invention;

FIG. 13 shows a graphical representation of one example of statemanagement of a thermal surgical instrument according to principles ofthe present invention;

FIG. 14 shows a close-up view of the graphical representation of FIG. 9upon activation of a tip of the present invention;

FIG. 15 show a close-up view of the graphical representation of FIG. 9of the tip transitioning from the Load state back to the Air state; and

FIG. 16 shows a thermal spectrum as related to tissue effects.

It will be appreciated that the drawings are illustrative and notlimiting of the scope of the invention which is defined by the appendedclaims. The embodiments shown accomplish various aspects and objects ofthe invention. It is appreciated that it is not possible to clearly showeach element and aspect of the invention in a single figure, and assuch, multiple figures are presented to separately illustrate thevarious details of the invention in greater clarity. Similarly, notevery embodiment need accomplish all advantages of the presentinvention.

DETAILED DESCRIPTION

The invention and accompanying drawings will now be discussed inreference to the numerals provided therein so as to enable one skilledin the art to practice the present invention. The drawings anddescriptions are exemplary of various aspects of the invention and arenot intended to narrow the scope of the appended claims.

As used herein, the term “ferromagnetic,” “ferromagnet,” and“ferromagnetism” refers to substances such as iron, nickel, cobalt, etc.and various alloys that exhibit high magnetic permeability, acharacteristic saturation point, and magnetic hysteresis.

Turning now to FIGS. 1 through 3, FIG. 1 shows a perspective view of athermal surgical instrument system, generally indicated at 10. As willbe discussed in additional detail below, the thermal instrument system10 may use a conductor associated with a ferromagnetic material to treator destroy tissue (e.g. endothelial tissue welding, homeostasis,ablation, etc).

It will be appreciated that the thermal surgical instrument 10 may useheat to incise tissue without the use of a sharp edge such as with aconventional scalpel. While the embodiments of the present inventioncould be made with a relatively sharp edge so as to form a cuttingblade, such is not necessary as the heated coating discussed herein willseparate tissue without the need for a cutting blade or sharp edge.However, for convenience, the term cutting is used when discussingseparating tissue.

According to one aspect of the invention, the thermal surgicalinstrument system 10 may include one or more control mechanisms, such asone or more foot pedals 20 to control output energy produced by a powersupply 30. The energy from the power supply 30 may be sent via radiofrequency (RF) or oscillating electrical energy along a cable 40 to abody 50, such as a handpiece, having a thermal element 60, such as aferromagnetic material 65 associated with a conductor 66. As shown inFIG. 1, the conductor 66 may be circumferentially coated or plated withthe ferromagnetic material 65. The ferromagnetic material 65 may convertthe electrical energy into available thermal energy such that heating issubstantially uniform along the entire section of the ferromagneticmaterial 65 disposed on the electrical conductor 66, or “ferromagneticregion”.

The RF energy may travel along the conductor's 66 surface in a mannerknown as the “skin effect”. Skin effect is the tendency of analternating electric current to become distributed within a conductor 66such that the current density is highest near the surface of theconductor 66, and decreases with greater depths in the conductor 66. Theelectric current flows mainly at the “skin” of the conductor 66, betweenthe outer surface and a level called the skin depth. The skin effectcauses the effective resistance of the conductor 66 to increase athigher frequencies where the skin depth is smaller, thus reducing theeffective cross-section of the conductor 66. The skin effect is due toeddy currents induced by the changing magnetic field resulting from thealternating current. The skin depth is a function of the electricalresistivity, the magnetic permeability of the material conducting thecurrent, and the frequency of the applied alternating RF current. Forexample, at 60 Hz in copper, the skin depth is about 8.5 mm. At highfrequencies the skin depth becomes much smaller.

Over 98% of the current will flow within a layer 4 times the skin depthfrom the surface and virtually all of the current is within the first 5skin depths. This behavior is distinct from that of direct current whichusually will be distributed evenly over the cross-section of theconductor 66. The skin depth of a conductor 66 may be expressed by thefollowing equations:δ=√{square root over (2ρ)}/ωμ=1/√πfμσ

Where:

δ=skin depth (or penetration depth)

ρ=resistivity of the conductor

ω=angular frequency of current

μ=absolute magnetic permeability of conductor

σ=conductivity of the conductor

f=frequency

The current density in the conductor 66 may be expressed by thefollowing equation:I=J _(s) e ^(−d/δ)

Where

J_(s)=the current at the surface of the conductor

δ=skin depth (or penetration depth

d=depth from the surface of the conductor

The flow of current through the conductor 66 may also create a magneticfield which may act on the ferromagnetic material 65 having an open loopB-H curve (also known as an open hysteresis loop), resulting inhysteresis losses and resultant thermal energy. For example,electrodeposited films, such as a nickel-iron coating like PERMALLOY™,may form an array of randomly aligned microcrystals, resulting inrandomly aligned domains, which together may have an open loophysteresis curve when a high frequency current is passed through theconductor 66.

As the domains realign with each oscillation of the current, theferromagnetic material 65 will heat due to hysteresis losses in theferromagnetic material 65. Heating of the ferromagnetic portion 65 dueto hysteresis loss ceases above its Curie point because the materialloses its magnetic properties as explained in more detail below.Additionally, because the relative permeability of the ferromagneticportion 65 changes in response to temperature, the associated skin depthalso changes, and therefore the amount of current conduction through theskin layer undergoes a transition near the Curie point. Thus, heating ofthe ferromagnetic portion 65 due to resistive heating may also bereduced as it approaches the Curie point.

As mentioned above, the ferromagnetic material 65 may have a Curietemperature. A Curie temperature is the temperature at which thematerial becomes paramagnetic, such that the magnetic properties of thecoating are lost. When the material becomes paramagnetic, theferromagnetic heating may be significantly reduced or even cease.Theoretically, this should cause the temperature of the ferromagneticmaterial 65 to stabilize around the Curie temperature if sufficientpower is provided to reach the Curie temperature. However, it has beenfound that the temperature of the ferromagnetic material 65 may exceedits calculated Curie temperature under certain operational conditions.It has been observed that if sufficient power has been applied, the tiptemperature can continue to rise due to resistive heating in the overallconductor and the tip can potentially exceed the Curie temperature. Whenthis occurs, an increase in current is observed while operating at aconstant power level. It is believed that this may be due, at least inpart to an increase in the skin depth and a resulting drop in impedanceabove the Curie temperature. The increase may also be due to theresistance of the ferromagnetic coating dropping which in turn raisesthe current level for a fixed power level. The increased current maythen cause more resistive heating in the non-ferromagnetic portion ofthe conductor. Thus, it may be preferable to use an underlying conductorhaving high electrical conductivity.

Therefore, passage of alternating electrical energy through theconductor's 66 surface may cause Joule heating (also known as ohmicheating or resistive heating) along the thermal element 60. As thealternating electrical energy passes into the ferromagnetic region thecurrent may jump to the ferromagnetic material 65 disposed on theconductor. Thus, a significant portion of the thermal energy created inthe ferromagnetic material 65 may be due to Joule heating. Also, the RFenergy may be converted into thermal energy in the ferromagnetic regiondue to hysteresis losses in the ferromagnetic material 65.

A thermal element 60 may be constructed so that the ferromagneticmaterial 65 has a thickness corresponding to approximately 5 skin depthssuch that substantially all of the alternating electrical energy flowingthrough the conductor 66 jumps to the ferromagnetic coating 65. As skindepth is a function of the frequency of the alternating electricalenergy passing through the conductor 66 and/or ferromagnetic material65, the thickness of the ferromagnetic material 65 needed to achieveapproximately 5 skin depths may vary depending on the frequency of thealternating electrical energy being delivered to the conductor 66. Forexample, by delivering a high frequency alternating electrical energy tothe conductor 66 a thin layer of ferromagnetic material 65 is sufficientto provide for substantially all of the alternating electrical currentto jump to the ferromagnetic material 65. According to one aspect of theinvention, a thermal element 60 may be constructed of a 0.5 mm diameterconductor wire having a 10 μm layer of PERMALLOY™ disposed thereon, suchthat delivering an alternating electrical current having a frequency of40.68 MHz to the conductor wire will cause substantially all of thealternating electrical current to jump to the PERMALLOY™ layer.

The RF conductor from the signal source up to and including the tip mayform a resonant circuit at a specific frequency (also known as a tunedcircuit). Thus, when alternating electrical current is delivered to theconductor 66 the standing wave ratio (“SWR”) of the circuit will beapproximately 1 at room temperature. As the thermal element 60 heats up,the impedance of the thermal element 60 changes, thereby changing theoverall circuit impedance. Monitoring the impedance of the circuit,either directly as shown in FIG. 2, or indirectly, provides informationrelated to the temperature of the thermal element 60. Thus monitoringthe impedance of the circuit can be used to control the temperature ofthe thermal element 60. Furthermore, the impedance change in the circuitalso affects the amount of reflected power and thus changes in the SWRmay also be monitored (as shown in FIG. 3) and used to control thetemperature of the thermal element 60. Thus, for example, thetemperature of the thermal element 60 may be controlled to a specifictemperature within a range of about plus or minus 30° Centigrade, orpreferably, to a temperature within a range of about plus or minus 20°Centigrade, or more preferably to a temperature within a range of aboutplus or minus 10° Centigrade, or even more preferably to a temperaturewithin a range of about plus or minus 5° Centigrade.

One advantage achieved by the ferromagnetic heating is that theferromagnetic material 65 can be heated to a cutting temperaturerapidly. In some instances the ferromagnetic material 65 can be heatedin a small fraction of a second (e.g. as short as 100 ms). Additionally,because of the relatively low mass of the ferromagnetic material 65, thesmall thermal mass of the conductor 66, and the localization of theheating to a small region due to construction of the body 50, thematerial may also cool extremely rapidly (e.g. in some instances inapproximately one half of a second). This provides a surgeon with aprecise thermal instrument while reducing accidental tissue damagecaused by touching tissue when the thermal instrument is not activated.

It will be appreciated that the time period required to heat and coolthe thermal element 60 will depend, in part, on the relative dimensionsof the conductor 66 and the ferromagnetic coating 65 and the heatcapacity of the structure of the surgical instrument. For example, theabove exemplary time periods for heating and cooling of the thermalelement 60 may be achieved with a tungsten conductor having a diameterof about 0.375 mm and a ferromagnetic coating of a Nickel Iron alloy(such as NIRON™ available from Enthone, Inc. of West Haven, Conn.) aboutthe tungsten conductor about 0.010 mm thick and two centimeters long.

One advantage of the present invention is that a sharp edge may not beneeded. When power is not being supplied to the surgical instrument, theinstrument will not inadvertently cut tissue of the patient or of thesurgeon if it is dropped or mishandled. If power is not being suppliedto the conductor 66 and ferromagnetic material 65, the “cutting” portionof the instrument may be touched without risk of injury. This is incontrast to a sharpened cutting blade which may injure the patient orthe surgeon if mishandled.

It should be understood that the surgical instrument 10 may includeindicia of the power being applied and may even include a mechanism forcontrolling the power. Thus, for example, a series of displays 52 couldbe used to indicate power level or the body 50, such as a handpiececould include a switch, rotary dial, sets of buttons, touchpad or slide54 that communicate with the power source 30 to regulate power andthereby affect the temperature at the ferromagnetic material 65 tohaving varying effects on tissue. The controls also may be included inthe power supply 30, for example control dials 32 or the like, or evenbe included in a separate control instrument, such as a remote control.Other additions may also be placed on the handpiece 50, power supply 30,remote control, etc. in various locations.

The adjustability of the temperature of the ferromagnetic material 65may provide the surgeon with precise control over the tissue effectsthat may be achieved through use of the surgical instrument 10. Tissueeffects such as cutting, hemostasis, tissue welding, tissue vaporizationand tissue carbonization occur at different temperatures. By including auser control to adjust the power output, the surgeon (or otherphysician, etc.) can adjust the power delivered to the ferromagneticmaterial 65 and consequently control the tissue effects to achieve adesired result.

Additionally, power delivery to the thermal body 50 may be controlled byvarying the amplitude, frequency or duty cycle of the alternatingcurrent waveform, or alteration of the circuit to effect the standingwave driving the ferromagnetic coated conductor, which may be achievedby input received by a foot pedal 20 the controls on the power supply 30or handpiece 50, etc.

Furthermore, as describe in more detail below, the surgical instrument10 may be comprised of a handpiece 50 which can removably receive athermal element 60. For example, various removably attachable surgicaltips 58 may have a different thermal elements 60 (e.g. differing insize, shape, etc.) associated therewith. Thus, thermal elements 60 ofvarious configurations may be used with the handpiece 50.

Turning now to FIG. 4, a block diagram of the thermal surgicalinstrument 10 of the present invention is shown. The handpiece 50 may beresponsible for current sensing, temperature sensing, impedance sensing,etc. Data collected from the thermal element 60 may be sent to a powersupply 30 on a substantially continuous basis. For example, data may besent to supply microprocessor at short intervals of about 10milliseconds.

The one or more sensing circuits may be used to monitor various behaviorcharacteristics of the thermal element 60 when in use, such as how muchcurrent is delivered to the thermal element 60, the impedance of thecircuit, etc., or a combination of behavior characteristics of thethermal element 60. For example, the peak-detection device 100 maydetermine the current which is delivered to the tip 60 by measuring thevoltage drop across a resistor 104 (e.g., circuit-board trace in the tipor a corresponding resistor in the handpiece or power supply), which maybe directly in-line with the current flowing to the tip. The voltagedrop is directly proportional to the current in the branch of thecircuit by Ohm's Law (V=IR). The higher the voltage, the more currentthere is flowing through the branch. The voltage across the resistor 104may be passed back through a peak-detection circuit to track the peaksof the signal, such as the peaks of a 40.68 MHz signal, within itsoperational range.

Moreover, the sensing circuitry may detect the impedance of the thermalelement 60, thus providing feedback as to the temperature of the thermalelement (See e.g. FIGS. 2 and 3). The output of the circuit may be a DCvoltage, which is fed into a converter 108, such as a microcontroller,Analog-to Digital converter (“DAC”), microprocessor, etc., anddigitized. This data may be sent on a substantially continuous basis tothe power supply 30 and may be used in a power control algorithm. Itwill be appreciated that one or more sensing circuits may be located atvarious locations in a thermal surgical instrument system of the presentinvention, such as a control console, the handpiece, a removablesurgical tip, a remotely located unit, etc.

Sensing various properties of the thermal element 60 may be necessarybecause of the nature of the high permeability (high-mu) of theferromagnetic material 65 on the tip 60. It is currently believed that,during normal operation, the majority of the current flow through theferromagnetic material 65 may be attributed to the skin effect. When toomuch current flows through the ferromagnetic material 65, the Curietemperature may be reached and the permeability of the ferromagneticmaterial 65 may drop off dramatically. Consequently, the current beginsto flow more significantly through the conductor 66 reducing theresistance in the thermal element 60. As the resistance is decreased ata constant power level, the current will increase and the voltage acrossthe sensing resistor 104 will also increase. Thus, it is currentlybelieved that as the Curie temperature is reached or exceeded that theskin depth increases, contributing to a decrease in the resistance ofthe heated tip 60. It has been observed that an increase in currentoccurs as the Curie temperature is exceeded at a constant power level.

Turning now to FIG. 5, there is shown a cross-sectional view of aportion of a surgical tip having a conductor 66, such as a conductorwire, in accordance with one aspect of the invention. It may bedesirable that the conductor 66 have a relatively small diameter orcross-section so as to make precise cuts in tissue, or other materials.However, it is also may be desirable to have the conductor 66 berelatively stiff and resist bending when encountering tissue. Examplesof metals having this property may include tungsten, titanium, stainlesssteel, Haynes 188, Haynes 25, etc.

Other properties of the material used for the conductor 66 may beimportant. These properties may include the resistivity of the material,the thermal and electrical conductivity of the material, the material'sheat capacity, the material's coefficient of thermal expansion, theannealing temperature of the material, and the ability to plate a secondmaterial to the material comprising the conductor 66.

In choosing a material to use as the conductor 66, it may be importantthat such material have the greatest amount of resistance to bendingwhile having low resistivity to minimize heating of the conductor 66 dueto resistance heating. Additionally, it may also be important that thematerial have a low heat capacity so that heat is not stored in theconductor 66 thus allowing the surgical tip to cool rapidly when notbeing used. This may help limit or prevent collateral damage tostructures adjacent the surgical site.

Additionally, it is desirable that the conductor 66 be comprised ofmaterial having a sufficiently high annealing temperature. At times, thesurgical tip may be operated at temperatures, for example, between about400 degrees Celsius and 500 degrees Celsius. Thus, to avoid alterationsin the properties of the conductor 66, the annealing temperature of thematerial used as the conductor should be sufficiently higher than theexpected operating ranges of the surgical tip.

Furthermore, it may be desirable that the support 70 be comprised of amaterial having a coefficient of thermal expansion value that is closeto the coefficient of thermal expansion of the ferromagnetic material65, such as a ferromagnetic coating 78, to facilitate plating of theferromagnetic coating 78 to the conductor 66 in some configurations.

It has been observed, however, that some materials having adequateresistance to bending (Young's modulus) during normal operation of thesurgical tip may have a coefficient of thermal expansion that is too lowfor adequate plating integrity. Thus, one or more intervening layers 74having an intermediate coefficient of thermal expansion may be plated onthe conductor 66 and then the ferromagnetic layer or coating 78 platedon the one or more intervening layers 74 to provide for a transition toaccommodate the difference between the coefficients of thermal expansionof the support 70 and the ferromagnetic material 65.

Another important factor regarding the material used for the conductor66 may be its ability to conduct electricity. There are multiplematerials which provide adequate support, but which are not sufficientlyconductive. Thus a conductor 66 may be comprised of multiple layers ofdifferent material so as to minimize any undesirable property orproperties of the conductor 66.

For example, the conductor 66 may have a one or more conductiveintervening layers 74 disposed thereon, such as copper, silver, etc. orother conductive material. The intervening layer 74 allows the energy topass without significant resistive heating, thus allowing the tip tocool down more rapidly. (It will be appreciated that the cross-sectionalview of FIG. 5 is not necessarily to scale and the support may be muchlarger in diameter than the thickness of the other layers discussedherein. Moreover, it will be appreciated that the conductive interveninglayer 74 may extend the entire length of the conductor 66).

The conductor 66 of FIG. 5 also shows a ferromagnetic layer or coating78 disposed adjacent to the intervening layer 74. The ferromagneticlayer or coating 78 may be plated on the intervening layer 74. Theferromagnetic coating 78 may be located along a portion of the conductor66 at a defined location (or locations) so as to provide for localizedheating along the surgical tip only in an area where heating is desired.For example, the ferromagnetic layer or coating 78 may be located alongless than about 90%, 50%, 10%, etc. of the length of the conductor 66 soas to provide localized heating in a desired area. In other words, thelength which the ferromagnetic material extends may be less than thelength of the conductor 66. The ferromagnetic coating 78 may have highpermeability to facilitate inductive or other ferromagnetic heating ofthe ferromagnetic material, such as NIRON™, PERMALLOY™, Co, CrO₂, etc.Additionally, the ferromagnetic coating 78 may have a relatively highthermal conductance and low heat capacity to facilitate rapid heatingand cooling of the surgical tip.

The ferromagnetic coating 78 may be exposed or may be covered with anexterior coating 80 made from a biocompatible material to ensure thatthere is no reaction between the ferromagnetic coating 78 and thepatient tissues. The exterior coating 80 may also act as a lubricantbetween the surgical tip and tissue which is being treated by reducingthe attachment of biologic tissues to the surgical tip. For example, theexterior coating 80 may be titanium nitride (or one of its variants),TEFLON or a host of other biocompatible materials.

The exterior layer 80 may also act as an oxygen barrier to preventoxidation of the layer of ferromagnetic material 65, any interveninglayer 74, and/or the support 70. For example, it has been observed thatoxidation of the support 70 may cause the support 70 to become brittlemaking the support 70 more susceptible to damage. It will be appreciatedthat the exterior layer 80 may be disposed on the conductor 66 so as tosubstantially cover the ferromagnetic material and the entire conductor66. Alternatively, the exterior layer may be disposed on the conductor66 so as to cover the ferromagnetic coating 78 and only a portion of theconductor 66.

According to one aspect of the invention, a thermal element 60 maycomprise a conductor having an intermediate layer having across-sectional thickness corresponding to about 2-5 skin depths and aferromagnetic layer having a cross-section thickness also correspondingto about 2-5 skin depths. For example, a thermal element 60, such as theone shown in FIG. 5, receiving oscillating electrical energy having afrequency of 40.68 MHz may comprise a conductor 66 having a diameter ofabout 500-750 μm, a copper intervening layer 74 having a cross-sectionalthickness of about 20-50 μm, and a ferromagnetic material 65 (e.g. acoating or layer 78) having a cross-sectional thickness of about 2-10μm. The thickness of the ferromagnetic material 65 forming the layer orcoating 78 may be selected as a function of the skin depths of theconductor 66 and/or intervening layers 74, or the combined skin depthsof the conductor 66 and/or multiple intervening layers 74 if such areincluded in a surgical tip. The antioxidation layer may be very thin,such as 1-3 μm.

It will be appreciated that thermal elements of the present inventionmay include a ferromagnetic layer having a cross-section thicknesscorresponding to greater than 5 skin depths. Controlling the temperatureof the thermal element may reduce the range of temperatures that thethermal element is subject to as compared to the more extreme thermalcycling that the thermal element would experience if temperature was notlimited. Because controlling the temperature of the thermal elementreduces such extreme thermal cycling, a thermal element used accordingto principles of the present invention may have better structuralintegrity. Thus, in addition to thin layers of ferromagnetic material 65plated on the conductor, ferromagnetic sleeves and solid ferromagneticheating elements may be used.

The thermal element 60 (or tips) may be coupled to a base, shroud, etc.58 (FIG. 1) which may be configured to be removably received by ahandpiece 50. The tip 60 may also include a computer storage device,such as an electrically erasable programmable Read-only Memory(“EEPROM”) device, to store certain configuration parameters associatedwith a particular tip 60 and transmit those configuration parameters toa microprocessor in the surgical handpiece 50 or power control system 30(See e.g. FIG. 1). When power is delivered to the conductor 66, theferromagnetic material 65 may heat according to the power delivered.Because of the small thickness of ferromagnetic material 65, it may heatvery quickly (e.g. a small fraction of a second) when the current isdirected through the conductor 66, and cool down quickly (e.g. afraction of a second) when the current is stopped.

It will be appreciated that various thermal elements 60 may beconstructed such that different thermal elements have a different size,shape, etc. for use in a particular surgical procedure, and/or areconfigure to be used in association with a particular surgical device.

For example, FIG. 6A shows a dissecting loop and FIG. 6B shows aresecting loop. FIGS. 6A and 6B are shown to illustrate the differentshapes and sizes of thermal elements of the present invention and arenot intended to limit the scope of the invention. Additionally, FIGS. 6Aand 6B illustrate that the ferromagnetic material 65 may extend alongthe conductor 60 at various length, as the dissecting loop may have ashorter length of ferromagnetic coating disposed on the conductor 60 ascompared to the length of the ferromagnetic material 65 disposed on theconductor 60 of the resecting loop.

Also, thermal elements 60 of the present invention may be disposed on,or embedded in, a surface of a surgical instrument, rather than in astandalone configuration. For example, thermal elements 60 may beconstructed for use with a sealing and cutting instrument 15 as shown inFIG. 7A. In use, the sealing and/or cutting instrument 15 has a body 50comprising tips 20A, 20B which may be placed around or on opposing sidesof a duct or tissue to be sealed. The tips 20A and 20B may be placed atthe end of arms 30A, 30B which are held in a user's hand. A user maysqueeze the arms 30A, 30B of the instrument together causing the tips20A, 20B to provide pressure on the duct or tissue. Electrical energymay then be directed to one or more of the thermal elements 60 on tip20A and/or 20B to heat the thermal element 60. (It will be appreciatedthat the active element could be applied hot to the duct, or could byapplied and then heated). The heat generated in the active element isapplied to the duct or tissue to cause the duct or tissue to seal. Inaccordance with one aspect of the invention, a second energy level maybe applied to a second thermal element 60 to heat the second thermalelement 60 to a second temperature that is sufficient to cut the duct ortissue apart.

FIGS. 7B and 7C show examples of additional surgical instruments havingone or more thermal elements 60 disposed on a surface thereof. FIG. 7Bshows thermal elements 60 disposed forceps and FIG. 7C shows thermalelements 60 disposed on a scalpel. It will be appreciated that one ormore thermal elements 60 may be disposed on other surgical instrumentsnot shown so as to provide for treating a tissue in a surgical site withheat generated by the thermal element 60.

Furthermore, each class of thermal elements 60 (e.g. 2 mm dissectingloop (FIG. 6A), 4 mm resecting loop (FIG. 6B), sealing and cuttingelements (FIG. 7A), etc.) may be characterized by its behavior undercontrolled conditions. The following information may be gathered andused to create power control algorithm constants, or configurationparameters, for each class of thermal element 60. These power controlconstants may include, for example, the following: the highest controlpower in air that prevents the tip from exceeding the Curie point; thetip current at which the tip reaches the Curie point when held in air;and the SWR at which the average tip is operating in air at a givenpower level. Using this information, a profile for each class of tips 60may be developed and saved as a file, for example a tip configurationfile (.tcf). As tips 60 are manufactured they may be baselined using the.tcf—this baseline information may be stored to the tip, for example, inthe EEPROM and used by software and/or hardware disposed incommunication with a surgical instrument system to specify a particularpower control algorithm for the particular tip when a body 50 and activeelement 60 are connect to the power supply 30, such that power deliveryto the active element 60 is appropriately controlled during use of thesurgical instrument 10.

Tip configuration parameters or constants may include the following:

Parameter Description Tip Type Type of tip. For example: 2 mm dissectingloop 4 mm resecting loop 3 mm stout dissecting loop Tip Configurationinformation System settings specific to the tip. Calibration informationSpecific details on the performance of the tip Limit information SWR,current, temperature, etc. limit used by power control algorithm AirControl Power Power setting to use for algorithm “Air” state. Max PowerSetting Maximum power settings available for the current tip Cool-downtime Time (in seconds) until the tip is cool after energy has beenremoved

One or more of the foregoing parameters may be used by a power controlsystem to deliver a desired power to the instrument in a consistentmanner, prevent the thermal element 60 of the surgical instrument fromexceeding the Curie point, and/or prevent overheating of the thermalsurgical instrument or heating of the instrument at locations other thanthe desired location. The power control system may include softwarehaving a power control algorithm module and/or hardware which may beused independently or in conjunction to control power delivery to theinstrument.

Consistent power delivery may be achieved with the use of a control loopfeedback mechanism. The feedback mechanism may include one or moreproportional-integral-derivative controllers (PID controller). Forexample, FIG. 8 shows a block diagram of cascaded PID controllers. Theinner PID controller 100 may use the forward power (indicated by arrow105) as its input feedback parameter, and outputs a bias voltage(indicated by arrow 106) as a control. The inner PID controller 100 maybe tuned by power level, and may not require the use of the derivativeconstant (i.e. controller 100 may be a PI controller). The outer PIDcontroller 110 may use tip current (indicated by arrow 115) as its inputfeedback, and output a target power (indicated by arrow 118) level tothe inner PID 100. (The outer PID controller may use only theproportional constant or the proportional and integral constants). Thecombination of these controllers may provide a consistent control at thetarget power, without exceeding the maximum tip current.

While FIG. 4 primarily shows control of the temperature of the surgicaltip based on forward power, the tip temperature may also be controlledby monitoring the reflected power, the standing wave ratio, or bymeasuring and controlling the net power (the forward power minus thereflected power), etc. According to one aspect of the invention, thetemperature of a thermal element may be controlled by regulating theamount of power delivered to the thermal element such that the elementdoes not exceed its Curie temperature. According to another aspect ofthe invention, the temperature of a thermal element may be controlled byregulating the amount of power delivered to the thermal element suchthat the element substantially maintains a more specific temperaturedesired by the user.

For example, FIG. 9 shows a graph of an example of the current limitingeffects when using cascaded PID controllers according to principles ofthe present invention. Note that the current (HP-I) 120 remainsconstant, while the forward power (FWD) 130 does not substantiallyexceed the set-point of 45 W (4500 on the right axis). Also, control ofthe power may be substantially maintained at 45 W while not beingcurrent limited.

Furthermore, preventing the tip from exceeding the Curie point may alsobe accomplished using the cascaded PID control of FIG. 8. As long as thetip current does not exceed the prescribed limit, the tip may perform asdesired.

Additionally, heating of the tip 60 (FIG. 1) may be managed using astate machine as described below in connection with FIG. 10. Briefly,when the tip 60 is in a load (e.g. tissue), the heat generated may beprincipally dissipated into that load. However, when removed from theload the tip current immediately increases, and heat may be transferredback to the shroud 58 and subsequently the handpiece 50. The controlalgorithm may minimize the amount of time that the thermal element 60 isin air running at a high power level, without adversely affecting theresponsiveness of the device and its readiness for use by the surgeon.Minimizing the power output of the surgical thermal element 60 when thedevice is not being used to treat tissue will minimize the heat transferto the handpiece 50 and make the device more comfortable for thesurgeon. Additionally, preventing overheating of the thermal element 60and even lowering the temperature of the thermal element when the deviceis not used to treat tissue will prevent damage to the ferromagneticmaterial 65.

As mentioned above, a state machine may be designed to minimize theamount of power delivered to a thermal element 60 when it is in air andstill provide the desired power to heat the ferromagnetic material 65when in tissue. The particular challenge that this may present is theproper response of the instrument when physically moving between, forexample, air and tissue. To overcome this challenge, the software may,for example, use the SWR as a trigger for determining the state of thetip (e.g. a high SWR indicates air, and a low SWR indicates a load).

According to one aspect of the invention, the surgical environment ofthe thermal element 60 may be determined by, for example, periodicallysending a pulse of increase power to the thermal element and monitoringthe affects, if any, on the behavior characteristics of the thermalelement 60 (e.g. change in impedance, SWR, etc.). For example, if thethermal element 60 is well coupled to tissue then the temperature of thethermal element 60 will rise modestly (i.e. relatively low rate ofchange in current, impedance, SWR, etc.). If, however, the thermalelement 60 is poorly coupled (i.e. the thermal element is in air), thenthe rate of change in the current, impedance, SWR, etc., will be highindicating that the thermal element is rapidly heating. If a high rateof change in the current, impedance, SWR, etc. is detected, then thepower control system may drastically limit the amount of power deliveredto the thermal element 60 to prevent overheating of the thermal element60 and/or overheating at other locations which may be in thermalcommunication with the thermal element 60, such as the body or handpiece50.

Limiting the amount of power delivered to the thermal element 60 toprevent overheating may also be important because the thermal elementmay be damaged when subjected to large temperature differential and/orextreme thermal cycling. For example, subjecting a thermal element to alarge temperature differential can cause materials making up the thermalelement to fracture, especially when heating the thermal element in airthen contacting it with much cooler tissues or liquids. Thus, bylimiting power delivery to the thermal element 60 and thereby limitingthe temperature that the thermal element reaches, it may be less fragilewhen transitioning between, for example, air and liquid.

Referring now to FIG. 10, there is shown a diagram a 5-stage statemachine according to principles of the present invention. Thedescriptions of the state machine that follow may make use of “counts”to determine the length of stay in a given state. These counts may beincremented with each new sampling from an internal SWR meter. Thesesamplings may be available, for example, every 4 milliseconds.Additionally, while in the Load state 250, to ensure valid powercontrol, the software may periodically examine the internal powerreadings and compare these values to those read from the SWR meter. If asizeable error exists (e.g. a difference of the greater of about 5 W or20% of the commanded power) a power alarm may be displayed and the RFdisabled.

When RF is first turned on, such as by a button press, foot pedalactivation, etc, this may be referred to as the RF On state 210. Entryinto RF On state 210 may set the control power target to the desiredoutput level. Also, during the RF On state 210, the peak values for SWRand tip current may be monitored. The goal of this state may be todetermine an initial condition for the tip 60 power. Some surgeons mayactivate the tip 60 in the air, and then touch tissue, while others maytouch tissue, and then activate the tip 60. Thus, the RF On state 210may allow the tip 60 to be fully powered in the event it is in contactwith tissue when turned on or prevent the tip 60 from overheating if thetip is in the air by, for example, either current limiting the outputpower and/or only allowing the tip 60 to remain in the RF On state 210for a short period of time.

From the RF On state 210, the tip 60 may enter either the Air state 220or the Load state 250 depending on certain measured parameters. Forexample, the tip 60 may enter the Air state 220 when the peak SWR or tipcurrent is too high for the target power setting. Alternatively if thepeak SWR is in range for the target power after, for example, 125 counts(e.g. 500 ms) then the tip may enter the Load state 250. It will beappreciated that any particular duration a tip remains in a particularstate described herein is being provided for illustrative purposes only.Thus, for example, according to one aspect of the invention the tip 60may enter the Load state 250 from the Air state 210 if the peak SWR isin range from 250 counts, instead of 125 counts.

More specifically, the Air state 220 may be entered when indicationspoint to the tip 60 not being in a load, e.g. not being in contact witha sufficient heat sink such as tissue. On entry into Air state 220,power may be set to low (as specified by a given tip's 60parameters—e.g. 10 W for a 2 mm dissecting loop and a 4 mm resectingloop) to minimize tip heating. Exit from the Air state 220 may be viaone of two primary methods, detection of a low SWR or a rapid decreasein reflected power (which may also be related to SWR, but be a moredynamic indicator of change). To ensure that the Air state 220 is notexited prematurely (e.g. a sharp decline in the reflected power may alsooccur when decreasing the output power), the software may first waituntil the slope of the reflected power has stabilized. Once stable, theSWR and slope of the reflected power may be monitored for exitconditions (described in more detail below).

To prevent the tip 60 from becoming stalled in the Air state 220 (or ata low power level) the state may automatically be periodically changefrom the Air state 220 to the Pre-Load state 230. For example, if thetip 60 is in the Air state 220 for more than one second, the state maybe changed to the Pre-Load state 230 (describe in more detail below) tomore actively test the tip's 60 status. Changing the tip 60 to thePre-Load state 230 should not significantly increase net power (e.g.with the power set to 60 W and the tip 60 operating in air only, thisactive test method delivers an aggregate power of approximately 18.75W).

Exit conditions from the Air state 220 to the Pre-Load state 230 mayinclude a slope of the reflected power which is stable for, for example,5 counts (e.g. 20 ms); SWR which is less than the limit at low power;reflected power decreasing quickly (e.g. slope<−200); or about a onesecond time lapse.

The Pre-Load state 230 may be described as the stabilization state, andmay be entered as a pre-condition to the Load state 250. On entry intothe Pre-Load state 230, power may be set to the target value and the SWRmonitored. The total duration in the Pre-Load state 230 may be betweenabout 31 and 62 counts. For the first 31 counts (approximately 125 ms),the system may be allowed to stabilize with no regard to SWR limiting,allowing brief transitions outside of the allowable range while thepower control stabilizes. For the remaining 31 counts, the SWR may bemonitored for validity. Thus, even if the tip 60 is in air, it will haveoperated at the target power for only about 125 ms (as well as beingcurrent limited).

Additionally, rather than switch to the Air state 220 when the SWR isexceeded, the algorithm may make the assumption that the Pre-Load state230 was entered with the intent of going to the Load state 250, andmoves to the Transition state 240 instead.

From the Pre-Load state 230, the tip 60 may enter either the Load state250 or the Transition state 240, depending on certain measuredparameters. For example, the tip 60 may enter the Load state 250 whenthe SWR is within range for about 62 counts (approximately 250 ms).Alternatively, if the SWR exceeds the limit for the target power settingafter about 31 counts, then the tip may enter the Transition state 240.

Referring more particularly to the Transition state 240, the Transitionstate 240 may be entered either from the Pre-Load state 230 or the Loadstate 250, and be used as an interim step to determine the current stateof the tip 60, e.g. still in load, or back in air. On entry to theTransition state 240, the power may be set to the lowest level (e.g. 5W) for the greater of 5 counts, or until the SWR drops below the targetpower SWR limit.

Therefore, the Transition state 240 may significantly decrease the powerdelivered to the tip 60 then, similar to the change to the Pre-Loadstate 230 from air, actively check the actively check the current stateof the tip 60. If the SWR continues to exceed the limit for fivesuccessive attempts, it may be assumed that the tip 60 is in air, andthe state may be changed accordingly, otherwise, the previous state(either Pre-Load 230 or Load 250) may be reset. Alternatively, theattempt counter may reset when more than one second has been spent inthe Load state 250, as the power control algorithm may assume powerstability at this point.

From the Transition state 240, the tip 60 may enter the Pre-Load 230 orthe Air state 220, depending on certain measured parameters. Forexample, the tip 60 may enter Pre-Load state 230 when the tip 60 is inthe Transition state 240 for at least 5 counts (20 ms) and SWR dropsbelow the limit for the target power. The tip 60 may alternatively enterthe Air state 220 if there are, for example, 5 consecutive attempts inthe Transition state 240 without at least one second in the Load state250.

The tip 60 may enter the Load state 250 from the Pre-Load state 230 whenpower is deemed stable and operating within the SWR limit, or re-enteredfrom the Transition state when a determination is being made as to thecurrent air/load status of the tip 60. The tip 60 may remain in the Loadstate 250, for example, until such time as the SWR increases past thelimit for the target power level. More particularly, exit from the Loadstate 250 may occur when SWR exceeds the limit for the target powersetting for 5 consecutive counts (approximately 20 ms).

The control algorithm is used to operate the power supply so as tomaintain the tip 60 within a desired operation range in the particularstate that the tip is currently in (e.g. in free air, in tissue, etc.).Thus, for a particular tip, the configuration parameters will determineoperational characteristics such as temperature or power limits as wellas operational or control parameters such as tuning impedance orreactance and the SWR constant. As discussed, the tip itself may havedata stored therein on a storage device such as an EEPROM and providethat information to the power supply when the tip is connected to thesurgical handpiece. Alternatively, the tip 60 may include anidentification element such as a resistor whose value is different fordifferent tip configurations and identifies the particular tipconfiguration. Thus, the power supply can sense the value of theresistor and determine from a table which tip configuration correspondsto that unique resistance value. The power supply itself can have theoperational parameters of the different types of tips stored therein anduse the identification element to determine which operational parametersshould be used with the tip which has been connected to the surgicalhandpiece. It will be appreciated that the configuration parameters maybe stored in alternate locations such as a computer or device which isseparate from the power supply.

Turning now to FIG. 11, there is shown a graphical representation of agroup of start/end duration segments, generally indicated at 140, tointermittently increase the power delivered to the tip of anelectrosurgical instrument according to principles of the presentinvention. When operating a surgical instrument at lower temperatures,for example, when it is desired to coagulate tissue with minimalcollateral thermal damage to surrounding tissue, portions of the tip 60may tend to stick to the tissue. Under these circumstances, a powercontrol algorithm 140 may be used to intermittently increase the powerdelivered to the tip 60 so as to substantially prevent the tip 60 fromsticking to the tissue being treated. The intermittent power surges maymomentarily increase the temperature of the ferromagnetic layer 65 whichaids in the prevention of the tip 60 from sticking to the tissue. Forexample, a power control algorithm may include delivering 5 W or less tothe tip 60 for a duration of about 90 ms, increasing the power to about30 W for 10 ms, decreasing the power to 5 W or less for another 90 ms,increasing the power to about 30 W for 10 ms, etc., until the thermalsurgical tool is deactivated. It will be appreciated the powersdelivered and the respective duration of their delivery may vary.

According to one aspect of the invention, a thermal surgical instrumentmay be selectively controlled such that a user may operate theinstrument in a mode where power delivery to a surgical tip is managedaccording to a fixed power index or a mode where power delivery to asurgical tip is managed according to a repeatedly executed powerprofile. For example power delivery management may be selectivelycontrolled by activating the foot pedals 20 shown in FIG. 1. Accordingto one aspect of the invention, the system may include at least two footpedals 20 which may be used to by the user to selectively control themode in which the tip is to be activated. Thus, if the user wants to,for example, incise tissue he or she may activate a first foot pedal 20to deliver power to the tip according to a fixed power index (e.g. about5 W to about 60 W). Alternatively, if the user wants to, for example,coagulate tissue he or she may activate a second foot pedal 20 todeliver power to the tip according to a repeatedly executed powerprofile.

Turning now to FIG. 12 a flow chart to illustrate a power profilecontrol algorithm of the present invention is shown. In addition tomanaging power delivery to a surgical tip of thermal surgical element byproviding intermittent increases in power, the power profile controlalgorithm 140 may also manage power delivery to the tip using a statemachine similar to that described above.

Turning now to FIG. 13, a graphical representation of one example ofstate management of a thermal surgical instrument according toprinciples of the present invention is shown.

FIG. 14 shows a close-up view of the graphical representation of FIG. 13upon activation of a tip of the present invention;

FIG. 15 show a close-up view of the graphical representation of FIG. 13of the tip transitioning from the Load state back to the Air state

Turning now to FIG. 16, a temperature spectrum is disclosed. Tissue mayreact differently at different temperatures with a tissue treatmentelement (such as a ferromagnetic material disposed on a conductor) andthus different treatments for tissue may occur at different temperatureranges. The following temperatures have been found to be useful.Vascular endothelial welding may be optimal at 58-62 degrees Centigrade.Tissue hemostasis without sticking may be achieved at 70-80 degreesCentigrade. At higher temperatures, tissue searing and sealing may occurmore quickly, but coagulum may build-up on the instrument. Tissueincision may be achieved at 200 degrees Centigrade with some drag due totissue adhesion at the edges. Tissue ablation and vaporization may occurrapidly in the 400-500 degree Centigrade range. Although specific tissuetreatments may be somewhat variable due to inconsistencies includingtissue type and patient differences, to minimize the risk of adverseoutcomes to patients, control of the power delivery to a thermalsurgical instrument is desirable.

There is thus disclosed an improved electrosurgical and/or thermalsurgical instrument and system to control the delivery of power from anenergy source to the surgical instrument. It will be appreciated thatnumerous changes may be made to the present invention without departingfrom the scope of the claims.

What is claimed is:
 1. A surgical apparatus, the surgical apparatuscomprising: a first thermal element including an electrical conductorand a ferromagnetic material that covers at least a portion of theelectrical conductor, the first thermal element directly coupled to asource of oscillating electrical energy to produce heat, and theelectrical conductor forming a loop for the oscillating electricalenergy to return to the source; and a first information storage devicephysically associated with the first thermal element, wherein the firstinformation storage device stores information that represents at leastone configuration parameter for operation of the first thermal elementto which the first information storage device is physically associated,wherein the at least one configuration parameter includes a firstcurrent level to be delivered to the first thermal element for when thefirst thermal element is engaged with tissue, the at least oneconfiguration parameter further includes a second current level to bedelivered to the first thermal element for when the first thermalelement is surrounded by air, the first current level is greater thanthe second current level, the second current level is greater than zero,and the first and second current levels are selected such that the firstthermal element is movable, when heated, from the air to engagement withthe tissue without fracturing the first thermal element.
 2. The surgicalapparatus of claim 1, further comprising: a body, wherein the firstthermal element is detachably physically coupleable to the body.
 3. Thesurgical apparatus of claim 1 wherein the first thermal element has atleast one physical property, and further comprising: a second thermalelement, the second thermal element responsive to the oscillatingelectrical energy to produce heat, the second thermal element has atleast one physical property, the at least one physical property of thesecond thermal element different from the at least one physical propertyof the first thermal element; and a second information storage devicephysically associated with the second thermal element, the secondinformation storage device which stores information that represents atleast one configuration parameter for operation of the second thermalelement to which the second information storage device is physicallyassociated, the at least one configuration parameter for operation ofthe second thermal element different from the at least one configurationparameter for operation of the first thermal element.
 4. The surgicalapparatus of claim 3 wherein the first thermal element is a tip having afirst shape and the second thermal element is a tip having a secondshape, the second shape different than the first shape.
 5. The surgicalapparatus of claim 3 wherein the first thermal element is a tip having afirst dimension and the second thermal element is a tip having a seconddimension, the second dimension different than the first dimension. 6.The surgical apparatus of claim 3 wherein the first information storagedevice stores information that represents the at least one configurationparameter for operation of the first thermal element further includes aparameter selected from the group including a tip type, a tipconfiguration, a piece of calibration information, a piece of limitinformation, a maximum power setting, and a cool down time, the secondinformation storage device stores information that represents at leastone configuration parameter for operation of the second thermal elementselected from the group including a tip type, a tip configuration, apiece of calibration information, a piece of limit information, an aircontrol power setting, a maximum power setting, and a cool down time,and at least some of the information stored by the first informationstorage device is different than at least some of the information storedby the second information storage device.
 7. The surgical apparatus ofclaim 1 wherein the first information storage device stores informationthat represents the at least one configuration parameter for operationof the first thermal element further includes a parameter selected fromthe group consisting of a tip type, a tip configuration, a piece ofcalibration information, a piece of limit information, an air controlpower setting, a maximum power setting, and a cool down time.
 8. Thesurgical apparatus of claim 1 wherein the first information storagedevice is an electronically erasable programmable read only memory(EEPROM) set of circuitry.
 9. The surgical apparatus of claim 1 whereinthe first information storage device is communicatively coupleable to aprocessor that is operably coupled to a power supply to control a supplyof the oscillating electrical energy from the power supply to thethermal element.
 10. The surgical apparatus of claim 1, furthercomprising: a handle, wherein the first thermal element is a surgicaltip that is detachably physically coupleable to the handle.
 11. Thesurgical apparatus of claim 10, further comprising: a power supplyelectrically coupled to selectively provide the oscillating electricalenergy to the thermal element; a control system that is operably coupledto the power supply to control the supply of the oscillating electricalenergy from the power supply to the thermal element; and a signal paththat communicatively couples the control system and a first informationstorage device when a first thermal element is physically coupled to thehandle.
 12. The surgical apparatus of claim 10 wherein the controlsystem is responsive at least in part to the information stored in thefirst information storage device and received via the signal path.
 13. Asurgical apparatus, comprising: a body to which any of a set of thermalsurgical elements are selectively physically coupleable; the set ofthermal surgical elements, wherein at least one of the set of thermalsurgical elements includes an electrical conductor that forms a loop anda ferromagnetic material that covers at least a portion of theelectrical conductor; a power supply operable to produce oscillatingelectrical energy and electrically coupleable to selectively provide theoscillating electrical energy directly to the at least one of the set ofthermal surgical elements which are physically coupled to the body; acontrol system that is operably coupled to the power supply to increasethe supply of the oscillating electrical energy from the power supply tothe at least one of the set of thermal surgical elements which arephysically coupled to the body in response to the at least one of theset of thermal surgical elements physically coupled to the body beingengaged with tissue, and the control system operably coupled to thepower supply to decrease the supply of the oscillating electrical energyfrom the power supply to the at least one of the set of thermal surgicalelements which are physically coupled to the body in response to the atleast one of the set of thermal surgical elements physically coupled tothe body being surrounded by air, wherein an amount the power supply isincreased and decreased is selected such that the at least one of theset of thermal surgical elements physically coupled to the body ismovable, when heated, from the air to engagement with the tissue withoutfracturing the at least one of the set of thermal surgical elementsphysically coupled to the body; and a signal path that communicativelycouples the control system with a respective information storage deviceof the at least one of the set of thermal surgical elements which arephysically coupled to the body, the control system at least partiallyresponsive to a set of information stored by the respective informationstorage device of the at least one of the set of thermal surgicalelements which are physically coupled to the body.
 14. The surgicalapparatus of claim 13 wherein the set of information represents at leastone configuration parameter for operation of the respective one of theset of thermal surgical elements, the at least one configurationparameter selected from the group consisting of a tip type, a tipconfiguration, a piece of calibration information, a piece of limitinformation, an air control power setting, a maximum power setting, anda cool down time.
 15. The surgical apparatus of claim 13 wherein thecontrol system is further at least partially responsive to a change inan impedance of any of the set of thermal surgical elements which arephysically coupled to the body.
 16. The surgical apparatus of claim 13wherein, in response to the set of information stored by the respectiveinformation storage device of one of the set of thermal surgicalelements which is physically coupled to the body, the control systemcauses the power supply to control the oscillating electrical energy toprevent exceeding a respective Curie temperature of the one of the setof thermal surgical elements.
 17. The surgical apparatus of claim 13wherein the control system is capable of adjusting the power supply toadjust the oscillating electrical energy in response to a feedbacksignal representative of at least one of an impedance, a sensedtemperature, or an anticipated temperature.
 18. The surgical apparatusof claim 13 wherein the control system includes a processor.
 19. Thesurgical apparatus of claim 13 wherein the control system includes alimit proportional-integral-derivative (PID) controller coupled toreceive signals that represent a number of limits and to receive asignal representative of at least one of a temperature or a current ofone of the set of thermal surgical elements which is physically coupledto the body.
 20. The surgical apparatus of claim 19 wherein the controlsystem further includes a power proportional-integral-derivative (PID)controller coupled to receive a target signal from the limit PIDcontroller, and to receive a signal representative of at least one of aforward power, a temperature or an impedance.
 21. The surgical apparatusof claim 13 wherein the body includes a handle, and the body is coupledto the power supply such that the handle is movable relative to thepower supply.